Wichita eagle., 1887-07-28
CHARGED WITH FORGERY,
Howard F. Friend and N. E. o.
burn Arrested Yesterday
and Started for
Utah.
Sheriff Hays, Special Agent For that
Territory Makes the Arrest
History of the Difficulty.

Lake county charged with forgery. The
parties when arrested did not seem taken
utterly by surprise, although the color in the
face indicated that something had dropped,
probably little earlier than expected. The
two prisoners and Sheriff Hays left last
evening at $50 for Salt Lake City.
Soon after the arrest the news spread like
| wiIdfire along the streets. Both parties are
well known in the city and the cause Of such
ac-i ion was sought with no little vigor.
Those knowing of the circumstances were
inclined to be stingy with information which
increased the desire to learn the facts. Those
familiar with the matter, officers, citizens
ard attorneys were beseiged on every hand
and in some instances made great effort to
make the public believe they knew nothing
of the trouble.
The history of the case as learned is rather
lengthy but not devoid of interest 1t seems
that the Rev. John Murphy, a Catholic priest
lived in this city about the year ~. At that
time he was presented with two lots, 159-l61
Water street by MIR. William Greiffenstein.
He lived in the city about one year and there
after disappeared; no one knowing of his
whereabouts. The property was never
looked after by him and no one ever paid the
taxes on the same. Finally the property was
sold for taxes and deed executed for the same
in 80, which finally fell into the hands of
George Turner, Esq. On August 10, "a
there was filed for record in the register of
deeds office a certain quit-caim deed for
these lots, purporting to have been signed by
the Rev. John Murphy; said deed be-
ing made to Howard F. Friend.
Afterward Mr. Friend brought suit against
George Turner to recover property and
in such suit recovered judgment against Mr..
Turner, and afterwards on July 6, sc, Friend
decided the property to Mr.. G. K.
Miller for the consideration of 81, 800. Soon
after Mr. Miller attempted to obtain posses
sion Of the property, but Mr.. Turner,
through his attorneys, Hallowell & Hume, a
perpetual injunction was secured against Mr..
Miller from interfering with his possession of
Thus the matter stood until about March
4th of this year, when the genuine John
Murphy conveyed the property to Matthias
Harmon, of Lafayette county, Wis. Soon
after Mr.. Harmon and Mr.. Turner settled
their differences, and Mr.. Turner quit
claimed all his interest in the property al
thereupon Mr.. Harmon commenced suit in |
the district court to declare the deed from
John Murphy to Howard Friend forgery
and the case will probably be tried at the
next term of court in this county.
Near the first of last April Mr.. John Han
non of Leavenworth, brother to M. Harmon
of Wisconsin, who purchased the property |
from the Rev. John Murphy, arrived in the
city, spending some days giving the subject
his attention. He brought with him the |
original title papers of the lots, deed from
the Rev. John Murphy who proved to be in
New Jersey, accompanied by an affidavit
from the reverend gentleman which is as
follows:
State of New Jersey, Woster county, IS.
Rev. John Murphy of the above named
county and state being duly sworn, accord
ing to law did say that he is the owner of
certain lots, viz: 1885, 161 Water street,
Wichita proper, county of Sedgwick, state
of Kansas. That certain pretended deed
of con- equence in record in the register of
deeds office in Sedgwick county, Kansas,
dated August 16, "a, and pretended to have
bee signed in the presence of an acknow-
lodged, one j. K. Gillespie, of Pleasant Val
ley Junction, Territory Of Utah, in Salt
Lake county, is false and fraudulent, no such
Iced ever having in the life time of this depon-
ent signed or executed by him. That the said
iepo nent is the same persop who formerly
resid ed in Wichita, Kansas The deponent
furt her states that he was never in Pleasant
' ALLEY junction, Salt Lake county, Terri
tory of Utah. Deponent further states that
he has never conveyed said lots since his
purchase of them to any person or persons,
except to one Matthias Harmon, of Lafayette
county, Wisconsin, by deed dated March 3.
1887. REV. JOHN MURPHY.
Sworn and subscribed before me on March
(, 1887. WALLACE MCGEoRGE,
Surroget
MIR. Harmon acting for his brother placed
,he matter in the hands of Hallowell & Hume
and suit has been brought in the manner as
formerly stated.
Mr.. lannon's visit to the city revealed a
suspicion to Mr.. Miller that his title for the
BRO perty was not good. He gave the matter
20 his attorney, Mr.. E. c. Ruggles, for in
Testigation. Mr. Ruggles left for Salt Lake
City near the 10th of last May. He there
ound Mr.. J. X. Gillespie, who had acknow-
eyed the deed when it was supposed to have
been given by the Rev John Murphy TO
Howard Friend. Mr.. Gillespie accompanied
Mr.. Ruggles home ard identified Mr.. Os-
BURN as the Rev. John Murphy This in
gained Mr.. Gillespie re-
urned and some time after appeared
before grand jury and Messrs. Friend and
)sburn were indicted for foI gerry, as a result
# which they were yesterday arrested and
ire now on their way back 10 Salt Lake
yity.
Attorney E. c. Ruggles made the second
rip to Salt Lake City near June 6 and pro- ,
,ured the indictment against Osburn and
friend. Also the requisition from the gov
rnor of Utah and the governor of Kansas.
lie also secured the appointment of Sheriff
Hays of this county, as the agent of the ter
'itory OF Utah to transport the prisoners to ,
Salt Lake City. In which capacity Sheriff
lays took the parties last night,
When the prisoners arrive they will be
either to give bond for appearance
It court sometime this fall or remain in Gus :